West Virginia Coal Mining Accident Lawyer
Coal mining is an inherently dangerous occupation, and while measures are in place to protect workers, accidents happen. These accidents can have devastating consequences, from injuries to tragic deaths, and leave the injured party or surviving family members with overwhelming grief and anguish.
If you have been injured or lost a loved one in a mining accident, seeking legal guidance is essential. Our workplace injury lawyers at Warner Law Offices, PLLC, understand the tragic circumstances that often result from such accidents and can help you through this difficult time. Contact us to start with a free consultation.
- Why Choose Warner Law Offices, PLLC, Lawyers
- Common Types of Mining Accident Cases
- Common Causes of Coal Mining Accidents
- Common Injuries Associated With Coal Mining Accidents
- How to Determine Fault in a Coal Mining Accident
- What Types of Claims Can I File in a Coal Mining Accident?
- Federal and State Mining Regulations
- Get a Free Case Evaluation Today
Why Choose Warner Law Offices, PLLC, Lawyers
Selecting an experienced, highly-rated coal mining accident lawyer is critical in securing favorable results. Our attorneys at Warner Law Offices, PLLC, are well-versed in coal mining accident cases and can help you navigate the complexities of your situation.
We understand how traumatic these accidents can be and are devoted to providing personalized, compassionate care to every client. While you focus on healing, we will:
- Investigate and collect evidence regarding your case
- Work closely with accident experts and forensic specialists
- Determine the cause of the accident, how it may have been avoided, and who is at fault
- Engage in settlement negotiations on your behalf
- Supply legal guidance and advice
- Vigorously advocate for you in court and fight for the best outcome possible
Small Firm, Big Results
Our small firm secures big results for our clients, including numerous seven- and eight-figure awards. Our track record says it all, some of the highlights include the following:
- $12 million for a man who suffered a spinal cord injury in a workplace accident
- $9 million in a wrongful death case for the family of an industrial worker
- $7.5 million for a client injured in a workplace accident
- $4.7 million awarded in an industrial explosion case.
Common Types of Mining Accident Cases
Our team at Warner Law Offices, PLLC, handles various types of coal mining accident claims, including the following:
- Equipment failures
- Explosions and fires
- Coal truck accidents
- Coal stockpile collapses
- Cave-ins and collapses
- Mine car accidents
- Exposure to toxic chemicals
Common Causes of Coal Mining Accidents
Coal mining accidents are often the result of several common causes, including the following:
- Falls from heights
- Mine fires
- Collapsed roofs
- Blasts, including fly-rocks, premature blasts, and misfires
- Longwall shield collapses
- Lack of safety equipment
- Firedamp and dust explosions
- Transportation technical failures
- Methane explosions
- Runaway mine cars
- Coal stockpile collapses
Common Injuries Associated With Coal Mining Accidents
Injuries resulting from coal mining accidents can be debilitating, often including:
How to Determine Fault in a Coal Mining Accident
Determining fault is crucial to many coal mining accident cases, particularly those involving third-party claims and personal injury lawsuits. Unfortunately, isolating the at-fault party, if there is one, is a complicated process that requires the assistance of an experienced coal mining accident lawyer.
To pinpoint the at-fault party, your lawyer will do the following:
- Review reports associated with the accident
- Scrutinize the circumstances surrounding the incident
- Conduct a thorough investigation to collect vital data, including witness statements, vehicle and equipment maintenance logs, and security camera footage if available
With each piece of data, your lawyer will reconstruct the incident, thoroughly examining all aspects to determine the at-fault party. Once the investigation is complete, your lawyer will present your legal options and offer sound guidance to aid you through this difficult time.
What Types of Claims Can I File in a Coal Mining Accident?
Those injured in coal mining accidents can file several types of claims, including workers’ compensation, personal injury cases against a third party, and deliberate intent claims against your employer.
Most employers are legally required to carry workers’ compensation insurance to cover their employees, so this is often the first solution injured workers or surviving loved ones will turn to. Workers’ Compensation provides benefits without requiring proof of fault.
Workers’ compensation will cover medical costs, part of their lost wages, and temporary or permanent disability. However, this compensation usually is not enough to cover all expenses associated with your accident, so pursuing other claims might be necessary.
Personal Injury Cases Against a Third-Party
A third-party claim allows you to hold someone other than your employer accountable. When a third party causes your injuries, you may be able to pursue a personal injury lawsuit and hold that party liable. For instance, if equipment failures or defective equipment caused your accident, you can pursue a claim against the manufacturer.
Unlike a workers’ compensation claim, personal injury claims are based on fault, so another individual must be negligent to recover damages under a personal injury lawsuit. In filing a personal injury lawsuit, you can pursue various types of compensation, including medical expenses, lost wages, mental anguish, pain and suffering, loss of earning capacity, and other damages.
Deliberate Intent Claims Against Employers
There is an exception to the rule barring lawsuits against your employer. Under West Virginia law, you may sue your employer if they acted with deliberate intent to cause your injury. Thus, you may be able to sue your employer if they deliberately allowed or ignored unsafe conditions that resulted in your injuries.
However, filing this type of case against an employer can be complicated. If you believe you have a deliberate intent claim against your employer, seeking assistance from a skilled coal accident lawyer is essential.
Federal and State Mining Regulations
Coal mining companies must follow state and federal regulations to ensure miners’ safety and prevent workplace accidents. In West Virginia, these regulations include but are not limited to:
- Providing safety training
- Enforcing safety programs and procedures
- Completing safety inspections to check for hazards
- Supplying tools and safety equipment
The U.S. Department of Labor’s Mine Safety and Health Administration enforces laws and regulations at a federal level. These standards include the following:
- Providing mandatory health and safety training
- Upholding health and safety standards
- Following procedures to counteract dangerous conditions
In addition, mining equipment and machinery manufacturers must follow stringent requirements to ensure safety. Under these OSHA requirements, equipment must be well maintained without rust or missing seams, and all parts must be in confirmed working condition. on.
Get a Free Case Evaluation Today
If you or a loved one has been injured in a coal mining accident, seeking help from a Charleston, W.V., personal injury lawyer is essential. Don’t wait—protect your rights and let us help you secure the compensation you deserve.
Our team at Warner Law Offices, PLLC, is experienced in these cases and can help you maneuver the intricacies of the legal system. Call us at (304) 345-6789 or fill out our online contact form for a free consultation today.
Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.